Sunday, October 28, 2012

Insurance -- Uninsured motorist --
Attorney's fees -- Contingent award -- Appeals -- Certiorari -- Order
awarding contingent attorney's fees in action against insurer for
uninsured motorist benefits, although a departure from essential
requirements of current law, will not cause any irreparable damage to
insurer -- Order is essentially preemptive determination of issues that
may or may not arise in subsequent action for bad faith, and the
relevance of the order in a subsequent lawsuit is a matter for
resolution by judge in that proceeding GEICO INDEMNITY COMPANY, Petitioner, v. POLLIE DeGRANDCHAMP, Respondent. 2nd District.

Torts -- Settlement -- Medicaid lien --
Medicaid recipient has right to seek a judicial determination of what
portion of a personal injury settlement is subject to a Medicaid lien
and reimbursement to the state -- Section 409.910 creates a
presumptively valid allocation of settlement proceeds subject to a
Medicaid lien when the Agency for Health Care Administration does not
participate in the settlement agreement, and U.S. Supreme Court ruling
in Arkansas Department of Health & Human Services v. Ahlborn
does not invalidate the allocation set forth in that statute --
However, a plaintiff should be afforded an opportunity to seek reduction
of Medicaid lien amount established by the statutory default allocation
by demonstrating, with evidence, that the lien amount exceeds the
amount recovered for medical expenses -- Conflict certified ALAN ROBERTS, Appellant, v. ALBERTSON'S INC., B.H.A., L.L.C., and SEBASTIAN RAPISARDA, Appellees. 4th District.

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I am a board certified appellate attorney and former chair of the Florida Appellate Practice Section. My firm concentrates on appeals and strategic trial support, to help businesses and individuals keep winning trial level judgments or get reversal of judgments against them. We are regularly asked to co-counsel with attorneys on complex appeals around the country, and admitted to and practice in the Florida and U.S. Supreme Courts, all federal Circuit Courts of Appeals , all Florida District Courts of Appeal, and the Southern and Middle Districts of Florida. When not doing law, I am a dedicated gourmet cook to my family and avid gardener, hiker, horseback rider, and consumer of murder mysteries.

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